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ACT Department of Justice & Community Safety

Australia's First Bill of Rights

ACTHRA PROJECT: Assessing the impact of the ACT HUMAN RIGHTS ACT 2004

ACT Human Rights Act Case Database

This database has summaries of cases which refer to the ACT Human Rights Act 2004. You can view all the cases, or search the database by year, court, section of the Human Rights Act, or keyword. The summaries also have links to the full text cases where available.

This database was last updated on: 11 Nov 2009

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Search Results (Scroll below): 1-10 of 112

Please click on the title (underlined) to view the full summary.

Thornton v The Director of Public Prosecutions 2009 [ACAT] 40
Date Court Other Legislation
23 Oct 2009 ACT Civil and Administrative Tribunal ACT Civil and Administrative Tribunal Act 2008 (ACT)
Related Links

The Decision

Mitchell Jacka v The ACT and the Chief Executive of the Department of Justice and Community Safety of the ACT [2009] ACTSC 140
Date Court Other Legislation
06 Oct 2009 ACT Supreme Court Crimes (Sentence Administration) Act 2005 (ACT)
Overview

ex tempore direction orders - Human Rights Act raised in passing

Related Links

The Decision

R v Avis, Bonfini and Pyke (SCC No 133 of 2009, SCC No. 134 of 2009, SCC No 137 of 2009)
Date Court Other Legislation
02 Oct 2009 ACT Supreme Court Crimes (Sentencing) Act 2005 (ACT)
Related Links

The Sentencing Decision

Thomson v ACT Planning and Land Authority (Administrative Review) [2009] ACAT 38
Date Court Other Legislation
02 Oct 2009 ACT Civil and Administrative Tribunal Land (Planning and Environment) Act 1991 (ACT)
Overview

Planning decision – review sought by third party objector – whether ACAT’s limited review powers under the Planning and Development Act 2007 breached right to fair trial and right to privacy

Related Links

The Decision

Richard John Travini v Wojtek Starczewski [2009] ACTSC 123
Date Court Other Legislation
24 Sep 2009 ACT Supreme Court Road Transport (Alcohol and Drugs) Act 1977 (ACT)
Related Links

The Decision

David Lander v Council of the Law Society of the Australian Capital Territory [2009] ACTSC 117
Date Court Other Legislation
11 Sep 2009 ACT Supreme Court Legal Profession (Solicitors) Rules 2006 (ACT)
Related Links

The Decision

Morro, N & Ahadizad v Australian Capital Territory  [2009] ACTSC 118
Date Court Other Legislation
10 Sep 2009 ACT Supreme Court Crimes (Sentencing Administration) Act (2005) ACT
Overview

Unlawful detention - whether s 18(7) HRA confers an independent statutory right to compensation – whether damages at common law achieves the necessary public law vindication

Related Links

The Decision

Schmidt v Box [2009] ACTSC 109
Date Court Other Legislation
03 Sep 2009 ACT Supreme Court Crimes (Sentencing Act) 2005 (ACT)
Overview

Whether manner of prosecution breached appellant’s right to a fair trial

Related Links

The Decision

Australian Capital Territory v JT [2009] ACTSC 105
Date Court Other Legislation
28 Aug 2009 ACT Supreme Court
Overview

Withdrawal and withholding of medical treatment – right to life - whether continued forced feeding amounts to degrading and inhuman treatment

Related Links

The Decision

Firestone v Australian National University (Discrimination Act 1991) [2009] ACAT 27
Date Court Other Legislation
28 Aug 2009 ACT Civil and Administrative Tribunal Discrimination Act 1991 (ACT)
Overview

Appeal against decision of former ACT Discrimination Tribunal – whether new tribunal (ACAT) has jurisdiction to hear appeal – whether jurisdictional issue should be interpreted in light of HRA

Related Links

The Decision

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